General terms & conditions
Welcome to the HWD Ltd. ("Boomstream") web site - https://www.Boomstream.com/, and any other web site(s), network(s) or service(s) owned and / or operated by Boomstream. Any and all service(s) provided on or through the above stated web sites or any other web site(s) owned and / or operated by Boomstream shall be collectively referred to as the "Boomstream Service".
YOU ARE ADVISED TO CAREFULLY READ THE FOLLOWING AGREEMENT. BY CLICKING "I AGREE", ACCESSING, BROWSING, AND / OR OTHERWISE USING THE BOOMSTREAM SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED HEREIN), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE REQUESTED NOT TO USE THE BOOMSTREAM SERVICE.
1. Eligibility; Registration Information and Password; Boomstream Service Access.
1.1. THE BOOMSTREAM SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE BOOMSTREAM SERVICE BY BOOMSTREAM. BY USING THE BOOMSTREAM SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BOOMSTREAM SERVICE.
1.2. If you are using or opening an account on the Boomstream Service on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Organization.
1.3. You agree that the information you provide to Boomstream on registration and at all other times is true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When you register, you will be asked to select a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
1.4. Subject to your compliance with all the terms and conditions contained herein, Boomstream grants you permission to use the Boomstream Service set forth hereunder.
3. Prohibited Conduct .
BY USING THE BOOMSTREAM SERVICE YOU AGREE NOT TO:
3.1. Upload copyrighted material not your own or for which you don’t have the legal right to distribute, display and otherwise make available to others including, but not limited to, TV shows, movies, or music videos;
3.2. Harass, threaten, or defraud other Boomstream Users;
3.3. Upload or send to other Boomstream Users illegal, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
3.4. Make unsolicited offers, advertisements, proposals, or send junk mail to other Users;
3.5. Impersonate another person or access another User’s account without that person’s permission;
3.6. Share Boomstream–issued passwords with any third party or encourage any other User to do so;
3.7. Misrepresent the source, identity, or content of information transmitted via the Boomstream Service; and
3.8. Use the Boomstream Service for any illegal purpose.
4. Individual Features and Services.
When using the Boomstream Service, you may be subject to any additional posted guidelines or rules applicable to those specific services and features, which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
5. Modification of the Terms; Fees; Modification of Fees.
5.1. Boomstream reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms contained herein at any time. Please check these Terms and any Guidelines periodically to keep abreast of the changes. Your continued use of the Boomstream Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, the amended terms will automatically be effective 15 days after they are initially posted on the Boomstream Service.
5.2. Certain products and services on the Boomstream Service have fees associated with them. Please see the terms associated with such products or services for more information. Payment of the applicable fees shall be governed by the following terms:
(i) The Paid Services include any and all web services and related support services that we make available to you for a fee, except those web services for which we specifically provide a separate customer agreement. Our Paid Services include, but are not limited to:
- Monthly Streaming Services Plans
- Streaming Services sold on a prepaid basis
- Broadcast Manager dashboard
- Boomstream Pay Per View paywall
- File storage overages
- Boomstream Application Programming Interfaces (APIs).
(ii) The fees are paid on Pay-as-You-Go basis, unless otherwise stated.
(iii) The fees can be paid online, or via bank transfer. However, the easiest and most convenient mode of payment is via standing order using the online payment gateway profile generated during the initial payment;
(iv) In the event the receipt of fees is skipped or cancelled by the online payment gateway or, for any reason, not received by Boomstream when due, Boomstream reserves the right to request all such outstanding fees or charges without taking into consideration the status of your account, whether active, suspended, terminated, or closed.
(v) In the event, you have not paid the fee, your account gets terminated. You can re-activate your account by paying the fee any time before the expiry of thirty (30) days from the date of such termination. In the event, the account is not re-activated before the expiry of such thirty (30) days, all content associated with such account shall be removed and the account shall be made inaccessible to the user;
(vi) The payment plans can be accessed at https://www.Boomstream.com/en/prices.html
(vii) In case of any discrepancy in the currencies, the valuation with regards to United States Dollar (USD) shall prevail;
(viii) We will not provide refunds or credits in the case of cancellations, downgrades, or when there are unused portions of the Services on an open account. For any Services upgrade, the additional fee for the Services upgrade for the remainder of the current term (i.e. either month or year) can be manually calculated by Us upon Customer’s request and refund provided.
(ix) All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, with holdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes). You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, excluding taxes based upon Boomstream’s net income. All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.
5.3. Boomstream reserves the right, in its sole discretion, to modify the existing payment plans at any time.
6. Prohibited Uses.
6.1 Access to the Boomstream Service from territories where its content is illegal shall be prohibited. Those who choose to access the Boomstream Service from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
6.2 The use of Boomstream Service for any purpose that is considered unlawful or illegal according to the applicable law is prohibited. You may not use the Boomstream Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Boomstream Service. You may not attempt to gain unauthorized access to the Boomstream Service or any of its parts, other accounts, computer systems or networks connected to the Boomstream Service, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Boomstream Service or any activities conducted on the Boomstream Service. You may not obtain or attempt to obtain any materials or information, through any means, not intentionally made available through the Boomstream Service. You agree neither to modify the Boomstream Service in any manner or form, nor to use modified versions of the Boomstream Service, including (without limitation) for the purpose of obtaining unauthorized access to the Boomstream Service.
6.3 The Boomstream Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Boomstream Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Boomstream Service. 6A. Pay-Per-View. Boomstream offers special feature of Pay-Per-View, wherein you can sell your videos online using the platform provided by this web site (https://www.Boomstream.com/). For this purpose, the following special terms and conditions shall operate:
- (i) All the provisions, clauses, and sub-clause conteined hereunder shall apply and govern the pay-per-view videos as well;
- (ii) The pay-per-view feature enables the Boomstream account holders to sell their videos using PayPal online payment gateway system;
- (iii) You shall be solely responsible and liable to decide and fix the price for pay-per-view video streams in multiple currencies as facilitated by the Admin Panel;
- (iv) You shall be solely responsible and liable for payment of any facilitating, administrative, or processing fees or charges, as applicable under the PayPal policy rules and guidelines;
- (v) Boomstream disclaims any liability on account of skipping of, or downloading failure of, or cancellation of, or reversal of, or unexpected technical fault or malfunction in, the pay-per-view videos;
- (vi) Boomstream disclaims any liability on account of any dispute, for any reason whatsoever, among the buyer(s) and seller(s) of the pay-per-view videos;
- (vii) Boomstream disclaims any liability on account of the pay-per-view video(s) violating any, some or all the provisions, clauses, or sub-clauses contained hereunder including, but not limited to, violation of intellectual property rights of third parties, promoting or displaying violence, hatred, obscenity, defamation, etc.;
- (viii) Boomstream disclaims any liability on account of wrong pricing of videos, advertantly or inadvertantly, by the seller of the pay-per-view videos;
- (ix) Boomstream disclaims any liability on account of unauthorised downloading of pay-per-view videos by any member of the general public. Though Boomstream exercises due diligence and employs industry standard data-protection measures, yet foolproof security mechanism cannot and is not guaranteed;
- (x) Boomstream disclaims any liability on account of distribution of pay-per-view videos by anyone on social networking media, or torrent web sites, or in any online or offline media, whether such videos were procured legally or illegally.
If you provide Boomstream with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Boomstream Service ("Feedback"), Boomstream shall have the right to use such Feedback at its discretion, including, but not limited to, the incorporation of such suggested changes into the Boomstream Service and the right to assign, license or otherwise use the Boomstream Service. You hereby grant Boomstream a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
8.1. Boomstream reserves the right, in its sole discretion, at any time, with or without notice to anyone, to:
- (i) remove and discard all or any part of your account or any content uploaded by you;
- (ii) terminate any account (or any part thereof) you may have with Boomstream;
- (iii) terminate the use of the Boomstream Service;
- (iv) discontinue providing access to the Boomstream Service, or any part thereof;
- (v) discontinue and remove all such user accounts that have not been used or are deactivated on account of either non-payment of applicable fees or cancellation for an uninterrupted period of 30 calendar days;
- (vi) terminate access to the Boomstream Service and remove all content submitted by any persons who are found to be infringing copyright or othe intellectual property rights of any other person;
- (vii) terminate your use of the Boomstream Service on the grounds of any suspected fraudulent, abusive, or illegal activity; and to refer about such activity to appropriate law enforcement authorities. Notwithstanding anything to the contrary contained hereinabove, it shall be the endeavor of Boomstream not to exercise the discretion mentioned hereinabove except under compelling circumstances of the obvious breach of the Terms contained hereunder. You agree that Boomstream will not be liable to you or any third–party for any such termination. These remedies are in addition to any other remedies Boomstream may have at law or in equity.
- 8.2. By you. You may terminate your account, this Agreement and your right to use the Boomstream Service at any time and for any reason, by logging to your Boomstream Admin Panel and following the cancellation procedure through Tickets.
- 8.3. Fees. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Boomstream Service before termination, including any outstanding subscription fees.
9. Ownership; Proprietary Rights.
The Boomstream Service is owned and operated by HWD Ltd. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Boomstream Service provided by Boomstream ("Materials") are protected by Russian Federation copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Boomstream Service are the copyrighted property of Boomstream or its subsidiaries or affiliated companies and/or third–party licensors. All trademarks, service marks, and trade names are proprietary to Boomstream or its affiliates and/or third–party licensors. Except as expressly authorized by Boomstream, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
10. Third–Party Sites, Products and Services; Links.
- 10.1. The Boomstream Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). Boomstream does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Boomstream makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- 10.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Boomstream Service are solely between you and such advertiser. YOU AGREE THAT BOOMSTREAM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE BOOMSTREAM SERVICE.
Except as explicitly stated otherwise, legal notices will be served on Boomstream’s national registered agent or to the email address you provide to Boomstream during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (7) days after the date of mailing.
12. User Disagreements.
You understand that only you shall be responsible for your involvement with other Users. Boomstream reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and permanently release Boomstream (and Boomstream’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU ARE A CALIFORNIA (USA) RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH I KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
13. Disclaimers; No Warranties.
- 13.1. THE BOOMSTREAM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BOOMSTREAM SERVICE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW. BOOMSTREAM, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
- 13.2. BOOMSTREAM, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE BOOMSTREAM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BOOMSTREAM SERVICE WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BOOMSTREAM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BOOMSTREAM SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- 13.3. BOOMSTREAM, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE BOOMSTREAM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BOOMSTREAM SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. BOOMSTREAM STRIVES TO PROVIDE BOOMSTREAM SERVICE FREE OF ANY DEFECTS AND / OR MALWARE. HOWEVER, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BOOMSTREAM SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
14. Indemnification; Hold Harmless.
You agree to indemnify and hold Boomstream, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Boomstream Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Boomstream reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same.
16. Limitation of Liability and Damages.
- 16.1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BOOMSTREAM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE BOOMSTREAM SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE BOOMSTREAM SERVICE, OR ANY OTHER INTERACTIONS WITH BOOMSTREAM, EVEN IF BOOMSTREAM OR A BOOMSTREAM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BOOMSTREAM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- 16.2. IN NO EVENT SHALL BOOMSTREAM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BOOMSTREAM SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE). NOTWITHSANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOOMSTREAM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BOOMSTREAM SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR 5 THOUSAND RUSSIAN RUBLES, WHICHEVER IS GREATER.
- 16.3 THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BOOMSTREAM AND RECEIVED THROUGH OR ADVERTISED ON THE BOOMSTREAM SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE BOOMSTREAM SERVICE.
17. Downtime and Service Suspensions; Security.
- 17.1. Downtime and Service Suspensions.
In addition to our rights to terminate or suspend Services to you as described in Section 8 above, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service was not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). Without limitation to Section 13, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you email notice of any Service Suspension in accordance with the notice provisions set forth in Section 11 below and to post updates on the Boomstream Websites regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
- 17.2. Security.
We strive to keep Your Content secure, but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, without limitation to Section 1 above and Section 13 below, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content and Applications. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect Your Content from unauthorized access, (b) routinely archive Your Content, and (c) keep your Applications or any software that you use or run with our Services current with the latest security patches or updates. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your Content or Applications.
18.1. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Russian Federation, without giving effect to any principles of conflicts of law.
18.2. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Boomstream will be filed only in Russian Federation courts, and you hereby give consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
18.3. Severability. If any provision of these Terms is declared by a competent court of law to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
18.4. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Boomstream without restriction.
18.5. Survival. Sections 3, 5, 6, 7, 8, 9, and 11 through 18 will survive any termination of these Terms.
18.6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7. Entire Agreement. This is the entire agreement between you and Boomstream relating to the subject matter contained herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Boomstream as set forth in Section 5 above.
18.8. Claims. YOU AND BOOMSTREAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE BOOMSTREAM SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18.9. Disclosures. The services hereunder are offered by HWD Ltd., located at: 13 office, 9 Tvorcheskaya st., Rostov-on-Don, Russian Federation, 344092 and email: